Barbara E. Seaman - Page 6




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                         insure the life [of] THOMAS MARTIN SEAMAN.                   
                     *      *      *      *      *      *      *                      
                    g.   Fifty percent (50%) of the disposable mili-                  
                         tary retired pay currently being received by                 
                         THOMAS MARTIN SEAMAN and a like amount of                    
                         disposable military retired pay which THOMAS                 
                         MARTIN SEAMAN shall receive in the future.                   
               As of the date on which petitioner’s divorce became effec-             
          tive, section 1408 of title 10 of the United States Code (title             
          10) defined the term “disposable retired pay” to which peti-                
          tioner’s divorce decree and petitioner’s property settlement                
          agreement referred.  That section provided in pertinent part:               
               § 1408.  Payment of retired or retainer pay in compli-                 
               ance with court orders                                                 
               (a) In this section:                                                   
                     *      *      *      *      *      *      *                      
                    (4) “Disposable retired * * * pay” means the total                
               monthly retired * * * pay to which a member [of an                     
               armed force or a uniformed service] is entitled * * *                  
               less amounts which--                                                   
                     *      *      *      *      *      *      *                      
                         (C) are properly withheld for Federal, State,                
                    or local income tax purposes, if the withholding                  
                    of such amounts is authorized or required by law                  
                    and to the extent such amounts withheld are not                   
                    greater than would be authorized if such member                   
                    claimed all dependents to which he was entitled;                  
          10 U.S.C. sec. 1408(a)(4)(C) (1982 & Supp. IV 1986).                        
               On November 5, 1990, Congress enacted the National Defense             
          Authorization Act for Fiscal Year 1991, Pub. L. 101-510 (NDA                
          Act), 104 Stat. 1485.  As pertinent here, in the NDA Act, Con-              






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